Alleging a fellow Sam’s Club worker gave him pain medication that resulted in a positive drug test, Galveston County resident Luke Martinez has filed a lawsuit against the worker and company.

In court papers filed May 4 in Galveston County 212th District Court, Martinez explains that he lost his job with the Sam’s Club in La Marque on June 28, 2013 after the “untimely” test revealed the medication in question.

Per the plaintiff, defendant Misty Rhame, the store’s loss control manager, provided the medicine to him on June 27, 2013. Rhame reportedly told Martinez that the capsules would not appear in a drug screen.

“(Martinez) was unknowingly provided with a prescription drug that contained barbiturates,” the original petition says.

“Ms. Rhame advised Mr. Martinez that the pain medication would not show up on a drug screen.

The following day, Mr. Martinez was subjected to an untimely drug test, tested positive for the substances provided by Ms. Rhame, and was terminated as a result.”

Sam’s Club is also a defendant in the case.

Martinez seeks unspecified monetary damages.

He is represented by attorneys Alton C. Todd and Jeffrey N. Todd of The Law Firm of Alton C. Todd in Friendswood.

Galveston County 212th District Court Case No. 16-CV-0541

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